Madras High Court
P.S.Karthikeyan vs M/S.Shirdi Sai Sakthi Foundation ... on 21 September, 2023
OSA.No.345 of 2012
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2023
CORAM:
THE HONOURABLE MR JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MRS JUSTICE R.KALAIMATHI
O.S.A.No.345 of 2012
P.S.Karthikeyan ...Appellant
Vs.
1.M/s.Shirdi Sai Sakthi Foundation Trust,
Office at No.1/355, Kalamegham Street,
Mogappair West, Chennai – 600 037.
Regd. Office at No.59,
Madhya Shirdi Ner Swamiyar Gate,
Maraimalai Nagar, Chennai – 600 209.
Rep. by its Founder Managing Trustee S.Ramesh.
2.R.Maikandan,
Trustee.
3.M.Arumugam,
Trustee
4.The Advocate General,
High Court,
Madrast – 600 104.
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OSA.No.345 of 2012
5.J.Rajesh [ R5 – Deleted vide EB.Sr.105303 of 2012]
6.T.Ravichandran
[R6 impleaded as party respondent vide Court
order dated 10.03.2021 in CMP.No.4575 of
2021 in OSA.No.345 of 2012]
...Respondents
Prayer: Original Side Appeal filed under Order XXXVI Rule 1 of the
Original Side Rules read with Clause 15 of the Letters Patent to set aside the
judgment and the decree dated 01.09.2008 passed in C.S.No.628 of 2007.
For Appellant : Mr.V.R.Karthikeyan
For Respondents : Mr.Ashok Menon for R1
R2 and R3 – Given up
R4 – No appearance
R5 – Deleted
vide EB.Sr.105303 of 2012
Mr.P.B.Sampathkumar for R6
********
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OSA.No.345 of 2012
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
The challenge in the appeal is to the decree in a suit filed under
Section 92 of the Code of Civil Proceudre permitting sale of the property
belonging to the 1st respondent Trust.
2. The suit in C.S.No.628 of 2007 was instituted by the Trust and
two of the Trustees seeking permission for sale of the property of the Trust
on the ground that the property does not fetch any income and the Trust is
finding it difficult to continue its activities for want of finances. A
resolution passed by the Board of Trustees on the 20th of February 2007 was
also made a basis of seeking permission for sale. This Court granted
permission for sale of the property and the property was eventually sold to
one J.Rajesh S/o. Jeyasingh, a resident of East Tambaram. Though the said
Rajesh was shown as 5th respondent in the appeal, his name was struck off
from the party array which we assume must have been done prior to
12.09.2012, since a Division Bench of this Court had on 12.09.2012 while
issuing notice regarding admission in the appeal has passed the following
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OSA.No.345 of 2012
order:
“Notice regarding admission returnable in
one week. Mr.Ashok Memon, learned counsel takes
notice for the first respondent. Learned counsel for
the appellant, who is the third party, undertakes to
implead the purchaser – Rajesh”
3. Though such an undertaking was given on 12.09.2012, no steps
have been taken till date to implead the said Rajesh, whose name was struck
off from the grounds of appeal. We find that the said Rajesh was a party in
M.P.No.2 of 2009, an application filed seeking condonation of delay in
filing the appeal. He has also been served through Court in the said
application. Despite the above, no steps have been taken to implead the said
Rajesh.
4. We are now given to understand that the said Rajesh had sold
the property in question to one T.Ravichandran who has been impleaded as
the 6th respondent by this Court vide order dated 10.03.2021 made in
C.M.P.No.4575 of 2021. The appeal, as it stands, is against the subsequent
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OSA.No.345 of 2012
purchaser only. The purchaser of the property pursuant to the permission
from this Court is not made a party. We do not think that any purpose could
be served by keeping this appeal pending at this distant point of time, since
the necessary party has been struck off from the party array and despite the
undertaking having been given to this Court on 12.09.2012, no steps have
been taken to implead that party.
5. The appeal is therefore dismissed on the short ground of
non-impleading of the necessary party. No costs.
(R.S.M.,J.) (R.K.M.,J.)
21.09.2023
dsa
Index :No
Internet :Yes
Neutral Citation :No
Speaking order
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OSA.No.345 of 2012
R.SUBRAMANIAN, J.
and
R.KALAIMATHI, J.
dsa
O.S.A.No.345 of 2012
21.09.2023
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